7037. Adulteration and misbranding of oil of wintex-g-reen. U. S. * * * 
v. One Can of So-called Oil of Wintergreen. Consent decree of 
condemnation and forfeiture.     Product  ordered released on bond.
(F. & D. No. 9561.    I. S. No. 13G42-r.    S. No. E-1200.)
On December 30, 1918, the United States attorney for the District of New 
Jersey, acting upon a report by the Secretary of Agriculture, filed in the 
District Court of the United States for said district a libel for the seizure and 
condemnation of one can containing 50 pounds of a product purporting to be 
oil of wintergreen, at Linden, N. J., alleging that the article had been shipped 
on or about November 30, 1918, by J. B. Johnson, Hildebran, N. C, and trans- 
ported from the State of" North Carolina into the State of New Jersey, and 
charging adulteration and misbranding in violation of the Food and Drugs Act.
Adulteration of the article, considered as a drug, was alleged in the libel 
for the reason that it was sold under and by a name recognized in the United 
States Pharmacopoeia, and differed from the standard of strength, quality, and 
purity as determined by the test laid, down in said Pharmacopoeia, official at 
the time of the investigation of the article, and for the further reason that 
the strength and purity of the article were below the professed standard and 
quality under which it was sold. Adulteration of the article, considered as a 
food, was alleged for the reason that a substance, to wit, synthetic methyl 
salicylate, had been mixed and packed therewith, thereby reducing, lowering, 
and injuriously affecting its quality' and strength, and had been substituted 
in whole or in part for oil of wintergreen.
Misbranding of the article, considered as a drug, was alleged for the reason 
that it was an imitation of, and was offered for sale under the name of, another 
article, to wit, pure oil of wintergreen. Misbranding of the article, considered 
as a food, was alleged for the reason that it was an imitation of and was 
offered for sale under the (distinctive) name of another article, to wit, pure 
oil of wintergreen, and for the further reason that the representation that 
the article was pure oil of wintergreen was false and misleading in that it 
represented to the purchaser that the product was pure oil of wintergreen,
whereas in truth and in fact it was not, but was a product to which had been 
added and with which had been mixed and packed a substance, to wit, synthetic 
methyl salicylate.
On March 13, 1919, J. B. Johnson, Hickory, N. C., claimant, having con- 
sented to a decree, judgment of condemnation and forfeiture was entered, and 
it was ordered by the court that the product should be delivered to said 
claimant upon the payment of the costs of the proceedings and the execution 
of a bond in the sum of $200, in conformity with section 10 of the act, condi- 
tioned in part that the product should be relabeled under the supervision of a 
representative of this department as imitation oil of wintergreen.
E. D. BALL, 
Acting Secretary of Agriculture.